the party that normally would be spending this is not choosing to advance as strong a defense as the court want to see. they may be only willing to argue one point. we actually have a position that we want to make sure gets defended. you saw the same thing in proposition 8. governor schwarzenegger and brown said we're not going to defend proposition 8 and then they about intervenors. i think the court system is based on these procedures. the court wants to make sure . >> there is a law that says if the president is not going to defend a federal statute, and the attorney general has to write a letter to both houses of congress saying here is why i'm going to take the unusual step of not defending it. they have the right to come in and defend the statute they pass. >> i want to ask you a question. >> we saw all kinds of cases about the rights of detainees in guantanamo bay and how much they have a right to challenge the conditions and how much the court entertain them. the supreme court seems to take no interest in these cases and is content to let them work out the limitations. veryen